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SOME PROBLEMS WITH PSYCHOLOGICAL EVALUATIONS

SOME PROBLEMS WITH PSYCHOLOGICAL EVALUATIONS

A clinical psychologist may be appointed by the court to perform psychological evaluations. Although the psychologist is an expert, he or she can still be cross-examined. For example, we have caught the following:

1. Diagnosing a client with a condition (“sadistic personality disorder”) that is no longer recognized. The diagnosis was allowed by DSM-III (Diagnostic and Statistical Manual of Mental Disorders, Third Edition), but was discontinued in the current DSM-IV. The psychologist had apparently hoped that the Judge would be impressed, and that the lawyers would not catch the anomaly of diagnosing an unrecognized disorder.

2. Diagnosing a client on the basis of the MCMI (Millon Clinical Mulitaxial Inventory-III), an objective personality test, while failing to note that the MCMI was normed on clinical populations, not on the general population, as is the far superior MMPI-2 (Minnesota Multiphasic Personality Inventory). MCMI is more popular than it should be, because it is shorter than the MMPI, thus easier to administer; and has conveniently implemented computer scoring and analysis which greatly simplifies the labor that the psychologist has to perform to earn his or her fee. Psychologists seldom disclose these limits of the MCMI to the Court.

3. Stating that a client has elevated histrionic, narcissistic, or compulsive scales, on the basis of the MCMI, while failing to note that Dr. Millon himself stated that such elevated scales may reflect personality strengths as well as weaknesses; despite the fact that no Judge would recognize this caveat unless he or she were personally familiar with a restricted book.

4. Diagnosing a client based on projective or subjective personality tests, such as the Rohrschach (ink blot), while failing to note the limitations of these tests in areas such as inter-rater reliability, validity, and scoring standardization.

5. Using CAPI (ChildAbuse Potential Inventory) for diagnostic purposes, while failing to note that the test manufacturer itself warned that CAPI is more of a preliminary screening tool than a full psychometric assessment instrument.

6. Not calling the Court Services Officer to ask for more information, when they had been given documentary material from DCF only, and not from the client. In such cases, it should have been obvious to even a beginning psychologist that getting one-sided information was unsatisfactory for a thorough diagnosis.

7. Stating hypotheses based on the evidence, but failing to state other possible hypotheses and why they were ruled out. Ruling out hypotheses is standard practice in medicine and psychology, and is known as “differential diagnosis”. But differential diagnosis is time-consuming, and sometimes it is easier to go simply with what one is expected to find. Fortunately, this situation is changing, but vigilance is needed.

8. Overstating the accuracy of psychological diagnoses, and failing to note that such diagnoses are often not replicable from one doctor to another; which is a standard criterion of the scientific method. Fortunately, due in part to our writings, some psychologists now properly qualify their findings as expert guidance, but only guidance, for the Court.

9. Making outrageous statements in college textbooks. In particular, “Introduction to Clinical Psychology”, 6th edition, edited by Prof. Michael T. Nietzel, is a textbook used to train beginning psychologists. Prof. Nietzel is currently the President of Missouri State University. His textbook contained two totally false assertions in the chapter on Forensic Psychology, which begins at page 443: a. Text Statement: Clear and convincing evidence, needed to remove a child, is quantified as a 75% chance. This high standard, along with unrealistic social worker caseloads, results in unnecessary child abuse or even death to children.

The 75% statement is clearly false as a matter of law. Absolutely no such percentage exists. It was probably a graduate assistant, helping the professor “write” his text, who made this up to impress the professor. The good-natured professor, already having tenure, never bothered to question it.

In addition, the editorial remark that this “quantification” results in increased child abuse or death has, of course, no basis in fact. Nevertheless, it is listed as a solemn scientific conclusion for the benefit of psychologists-in-training. (There is no doubt whatsoever that this statement was encouraged by a member of the School of Social Work faculty).

b. Text Statement: The psychological evaluator determines if custody is to be terminated.

This is simply untrue in every legal jurisdiction in America. The Judge makes the determination. This assertion would also surprise many social workers, who think that they make the determination. While anyone, of course, can make a mistake, one wonders at the level of care exercised by professors of clinical psychology, who cannot even send legal statements to a professor at the local law school for evaluation.

In addition to the two above-listed false statements, the textbook was also deficient in the chapter on Assessment in Clinical Psychology. It correctly pointed out that sources of assessment data are: interviews, observations, tests, and life records; but failed to note that collateral contacts (i.e., talking to clinicians who have actually treated the patient for months, or who have observed the parent actually visiting with his or her own children) are equally important.

Atty. Agranoff wrote to Prof. Nietzel. After some prodding, he agreed that the errors would be corrected in the 7th edition of the textbook. He kindly referred us to the professor doing that edition.

That professor, however, told me that unfortunately the 7th edition had already gone to press. However, he would contact me for comment for the 8th edition.

That never happened.

10. Displaying the sort of bias that one would expect at a Klan meeting. Here is a direct quote from a court-ordered psychological evaluation dated April 2, 2009:

“Many, if not most individuals seen in a child protection context are predisposed to highlight their virtues and minimize their flaws.”

At least this doctor was honest, almost antisocially so. The truth, of course, is that due to normal human nature, most individuals in any context highlight their virtues and minimize their flaws. This is not necessarily due to overt dishonesty; as the poet Robert Burns reminded us, we seldom see ourselves as others see us.

The point is that when you start with a biased evaluator, you have to work twice as hard to get an equitable result. All the more reason for clients to be prepared by a qualified lawyer. In fairness, many of the above-listed problems have been corrected. But they were not self-corrected.

(1) This post is made in good faith and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.

(2) Content in this post is protected by Julian’s Real Mummy’s First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the US Constitution and incorporated Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal, US Constitution and incorporated Bill of Rights, under the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.

(3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.

(4) If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and/or requirement for a full or partial retraction in a timely manner so that Author of this blog may respond expediently and lawfully.

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The government was formed of checks and balances. Working together allows us to have a louder voice, which demands better responses. We are here for one reason and that is to help with the flow of information and try to help anyone who we can, any way we can.

To julian, love, your real mummy, joni-faith: of family saloom; and also dedicated to the real mommies and daddies of the real america and our children who want to come home

You learned to speak so well when you were so little. You always wanted to practice on the telephone. Mommy’s friends and Grandma Sue said how gifted you were, already. Some people couldn’t understand why Mommy never had time to talk on the phone, or even to answer the phone, when we were together. We were always together. You were always more important, and I couldn’t and never wanted to leave you for a second. I was too scared someone might kidnap you. And they did. I love you.

Grandma Sue Holding Mommy, 1978, Grove City, Pennsylvania

4 years old, Jacob really wanted to meet you. He had your picture that we sent him in the mail hanging over his Thomas the Train bed. He also loved Thomas the Train. He is just about one year younger than you. Jacob didn’t even know what a Wii or Nintendo or video games are because his mommy, like your mommy, thought they were not good for children who would naturally want to play them all the time instead of learning about other things.

MOMMY, OCTOBER 1978, GROVE CITY, PENNSYLVANIA

Shhhh, the Baby’s Sleeping.

Baby Julian Sleeping in the Beautiful Bassinet that Mummy Ordered Special for You

Baby Julian

Dear Julian, these are your maternal great-grandparents, Grandma Sue’s mommy and daddy. I thought you might enjoy knowing more about them when you got a little bigger, and are hopefully able to find this site. Can you imagine having thirteen brothers and sisters and living on a farm in Western Pennsylvania? Your Pappy “Red” did. He worked for the same steel company his entire adult life. Grandma Nancy didn’t work, but she went to college after all five of her children were grown and became a kindergarten teacher at a private Christian school. Grandma Nancy was a good wife, mother, and above all else, she was devoted to the Lord. She walked the walk. She always taught Sunday school at church. Mommy went with her on Sundays when I was little and still lived in Pennsylvania. Mommy was always at Grandma and Pappy’s house and at Grandma Mary and Puppup’s house playing and visiting. Grandma Nancy was adopted because her real mother would have had sixteen children including Grandma! Whoa!!! That is truly unbelievable to me. Back in the old days, however, having many children was very common, almost necessary, in times when a lot of people had farms and lots of chores in which the entire family shared and enjoyed the fruits of their labor. I think it would have been fun in some ways to get to take care of all the animals. You would be a great little helper, you always were. Although Grandma Nancy loved her adopted mommy and daddy, she always felt a hole in her soul that God filled because she didn’t have her real mommy. I hope she can see how wonderful you turned out! Grandma Nancy and Pappy were married for over fifty (50) years! Whoa, again! This is how life used to work, and the way things used to be for most families. They were very blessed to have found one another and to have had five healthy children who all had healthy grandchildren.

Finally, one of these things wasn’t broken!

Mommy used to love to play with Hot Wheel and Matchbox cars, and with everything Barbie and girlie when she was little. You also loved to play with Hot Wheels. I used to put them in your secret mailbox. Puppup used to have a secret drawer at his house for me, too, for whenever I would come and visit.

“Don’t get any big idea’s, Buster!” I’m only doing this to wear the pretty dress and carry the flowers. “Besides, kid, I work alone.” And I don’t smile on demand for pictures!